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CONFISCATION OF PROCEEDS OF CRIME ACT 1989 - SECT 7

Meaning of "serious offence" and "serious drug offence"

7 Meaning of "serious offence" and "serious drug offence"

In this Act--

"serious drug offence" means--

(a) an offence referred to (before the commencement of the Drug Misuse and Trafficking Act 1985 ) in section 45A of the Poisons Act 1966 --
(i) of supplying any drug of addiction or prohibited drug within the meaning of that Act, or
(ii) of cultivating, supplying or possessing any prohibited plant within the meaning of that Act, or
(iii) of permitting any premises, as owner, occupier or lessee of the premises, to be used for the purpose of the cultivation or supply of any prohibited plant within the meaning of that Act or of being concerned in the management of any such premises, or
(b) a drug trafficking offence, or
(c) a prescribed offence involving drugs or an offence of a prescribed kind involving drugs, or
(d) an offence, which involves theft, fraud, obtaining financial benefit by vice engaged in by others, extortion, violence, bribery, corruption or harbouring criminals, committed in connection with an offence referred to in paragraph (a), (b) or (c), or
(e) an offence under section 193B (money laundering) or 193D (dealing with property that subsequently becomes an instrument of crime) of the Crimes Act 1900 in relation to the proceeds of an offence, or an offence, referred to in paragraph (a), (b), (c) or (d), or
(f) an offence of attempting to commit, or of conspiracy or incitement to commit, an offence referred to in paragraph (a), (b), (c), (d) or (e).

"serious offence" means--
(a) an offence (including a common law offence) against the laws of New South Wales, being an offence that may be prosecuted on indictment, or
(b) the offence of supplying any restricted substance prescribed for the purposes of section 16 of the Poisons and Therapeutic Goods Act 1966 that arises under section 18A (1) of that Act, or
(c) an offence prescribed for the purposes of this paragraph by the regulations or an offence of a kind so prescribed.



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